The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-09-15
THE VERDICT or ACQUlTTAL.
Defects in the Criminal Procedure oi
the State.
.MdoeJ r. Hudson in Neacs and Courier.

Two years ago I wrote fot the
Neacs and Courier a series of articles
upon our Circuit Courts, the object
Of which was to call attention to
some defects in the present system
as we'll in the arrangement and orders
Of the Courts and methods OF con
Quoting the business, as in the gen
eral administration of the law.
attempted also TO suggest the reH'
edy, in part at least.
withheld my name from these
communications hoping thereby to
elicit q free and full discussion Of
the subject through the press OF the
State and, thus to call the attention
of our lawmakers to the Importance
of needed reform in the administra-
tion Of the law by our Courts Of jus
tice. I fear, however, that my views
made but little impression upon the
Bar. the Legislature or the people
Since that time even:s have oc-
Cured in the State, shocking crimes
with startling verdicts Of acquittal,
which have riveted the attention o.
the people, called forth free and full
censure from an enlightened press,
and awakened ieeling of uneasi-
ness and deep concern in the minds
of all lovers of law and order.
The discussion of this interesting
and vitally important subject by the
newspapers Of the State, conducted
as it has been in a calm and proper
spirit, and with due respect to our
Courts. is to be commended rather
than condemned, because our people,
and our Legislators as well, desire all
the information possible upon the
subject. and no better medium exists
for conveying it than the press.
I propose to contribute to the ex-
animation, of the methods Of the trial
of criminals in our Courts as at
present conducted, and to disclose as
far as can, the causes which lead to
the acquittal Of so many accused Of
high crimes, and especially the crime
of murder. I despair of being able
to unravel the mystery Of all verdicts
of juries, and still more of being able
to, suggest complete and adequate
remedy against erroneous results Of
trials by jury in our criminal Courts,
but / hope to show that useful re-
forms are available; and iInpera:ive!y
needed for the protection of the Law
sbiding portion Of the people.
6 Our criminal procedure in cases Of
homicide begins with the inquest.
This is held by the coroner, or in his
absence or remoteness from the scene
OF death. hv trial justice.
ALI will al.a;t that this inquiry
should be made with great care, pa
tience and diligence, and with due
caution and ci:cumspection. On the
contrary, however, as a general rule,
the investigation is conducted with
carelessness, haste and manifest inl-
1asis6ce by ytshhe tie coroner and his jury.
The sole purpose seems to be to as
certain who did the deed; but the
vital inquiry as to the circumstances
attending its perpetration is ordi-
narily considered of little Importance.
This is left to be ascertained at tue
trial. The jurors are hastily sum-
moned; the farmer from his plough,
the laborer from his hoe, the mechan-
ic from his work bench, the clerk
from his counter, aud the loaSer and
idler from his seat on the dry-goods
box. They assemble in haste, view
the dead body, inquire who slew the
s.person, examine few witnesses su-
perGcially, find that A came to his
death from a gunshot wound in the
hands of B, the coroner issues his
warrant accordingly, and the Court
of Inquest and curious crowd dis
perse, all impatient to return to their
respective places Of occupation and
abode, and indulge in speculation as
to the real facts, and the chances of
the accused before petit jury.
Whether the homicide is murder,
maDslaughtsr or excusable in self-de-
fence, was neither inquired into nor at.
tempted to be determined. It is left
to the solicitor n gather up from
the friends of the deceased, as best
be can, the real facts of the case for
the State-a labor either far too ar
duous for, or beneath the dignity OF
an inquest; the jury's labor, in their
opinion, being fully accomplished by
finding who did the deed.
In cases of secret and mysterious
homicides the investigation ordi-
narily reaches the climax of haste,
carelessncss and impatience, and